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The Consular Function in the 21St Century

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The Consular Function in the 21St Century The Consular Function in the 21st Century A report for Foreign Affairs and International Trade Canada George Haynal, Michael Welsh, Louis Century & Sean Tyler 27 March 2013 Project Overview In January 2013, the Department of Foreign Affairs and International Trade commissioned the University of Toronto Munk School of Global Affairs to undertake (i) a review of academic literature and (ii) a survey of intergovernmental agreements dealing with consular affairs. Consular affairs was defined as services to citizens seeking assistance or protection prior to and during travel, work or residence abroad. The study was carried out between January 28 and March 15 and involved searches of the Internet, University of Toronto libraries, and court documentation in Canada. English-language materials made up the bulk of the literature under consideration. A preview of the results of the study was provided to DFAIT on February 25; the principal oral and document presentation was provided to Mr. W. Crosbie, Assistant Deputy Minister, DFAIT, on March 13. The final report containing this overview and report, an annotated bibliography and a review of international agreements, was submitted on March 27, 2013. There are three components of this research, each of which may be viewed as a stand- alone document. This document consolidates all three components: 1. The Consular Function in the 21st Century: Analysis of research findings a. Including a two-page overview of the research at page 1, below 2. Annex I: Recent Trends in the Consular Function: A literature review 3. Annex II: International Consular Agreements: A survey of bilateral and multilateral cooperation The Consular Function in the 21st Century Analysis of research findings George Haynal, Michael Welsh, Louis Century & Sean Tyler 27 March 2013 Table of Contents Project Overview 1 A. The evolving context for the consular function: demand & supply 3 i) Demand for consular services has exploded 3 ii) Supply: transformation of the consular function 4 B. Responding by reframing consular services: communication, technology and partnerships 6 i) Communication: risks and expectations 6 ii) Technology: replacing “face-to-face” 7 iii) Partnerships: governments, businesses and NGOs 8 C. Consular agreements and salient issues 10 i) Sharing of consular service delivery 11 ii) Crisis management 13 iii) Children and families 14 iv) Support for expatriate and diaspora communities 15 D. Taking stock and going forward 16 The Consular Function in the 21st Century Overview 1. There is a great deal of literature publicly available on consular affairs. Studies appear from sources in a number of disciplines, including law, medicine, travel and tourism, emergency and crisis management, sociology, IT studies, geographic and regional studies, and international affairs. Consular studies are being undertaken on a global basis, including, more recently, within the major emerging economies. 2. The literature describes the challenges arising from greater international travel, natural and civil disasters, multiple citizenship, international employment in dangerous environments, niche tourism (adventure, medical services, etc.), retirement abroad, child abductions and forced marriages, and illegal and repugnant activities (child sex tourism, human trafficking). Countries which had until recently not permitted citizen travel are now dealing with large scale consular problems (e.g. China, Korea). Others (e.g. Philippines, India, Mexico) are dealing with protection of fast-growing numbers of vulnerable expatriate workers who provide remittances critical to the national economy. Governments of emerging economies regard successful discharge of consular responsibilities as hallmarks of their legitimacy. 3. All governments are responding to rising demand for consular services, often in the same manner: greater cautionary advice to travellers and warnings about the limits to government support; greater use of technology to deliver travel advice, citizen registration, passport issuance and advice in emergencies; and expansion of partnerships with the private sector, non-governmental organizations, other governments and international organizations. While these initiatives have helped deal with rising demand, the challenges continue to stretch governmental capacity to respond. 4. Recent intergovernmental consular agreements are focussed on practical cooperation to share service delivery, address specific needs (e.g. social security regimes for overseas workers), and promote informal resolution of consular disputes. Topics of significant intergovernmental interest include collective initiatives for common consular services outside the region, cooperation on natural disaster preparation and emergency response, international health protection for travellers, promotion of international private law regimes on child abduction and family disputes, and worker protection agreements. On a national basis, some governments are engaged in diaspora outreach. While not strictly intergovernmental, diaspora policies indirectly engage host governments with potential benefits in the form of two-way trade and investment and occasionally disputes. The present study draws two broad conclusions. First, governments face similar challenges in responding to the trends in consular affairs. National reports describing frustration with consular challenges suggest that informal discussions among governments on common problems, ‘lessons learned’, and operational matters would likely gain significant support. Among the topics which could 1-1 The Consular Function in the 21st Century attract widespread interest are: multiple citizenship; children’s issues; communications; technology; partnerships; service delivery; and diaspora engagement. A second conclusion to be drawn from the research is the value of tracking academic study of the consular function, especially on a multi-disciplinary and global basis. Governments should find significant value in further academic study of specialized consular issues (e.g. inter-cultural differences in child custody disputes) and more integrative analysis (e.g. how law, politics, international relations and media impact management of consular disputes). There might also be value in studying methods to assess the effectiveness of travel websites and cautionary advice to citizens. These and other topics are ripe for continued study within and outside governments. 1-2 The Consular Function in the 21st Century A. The evolving context for the consular function: demand & supply The consular function of 2013 operates in a rapidly changing environment. This is a prominent theme of the growing but still nascent body of literature on “consular affairs,”1 defined by Maaike Okano- Heijmans as “assistance to a state's own citizens in distress abroad and, when necessary, their family or other designated contacts at home.”2 Changes are evident in the literature but also in the novelty and gravity of challenges faced by consulates everywhere and reported in the media. This section first illuminates key issues of evolving demand for consular services, followed by a discussion of how consular supply – the nature and extent of assistance provided by states – can and should respond. i) Demand for consular services has exploded Rising consular demand is a product of several overlapping factors. First, the sheer numbers of travellers and expatriates are themselves telling. The following is a sample intended to illustrate the scale of change. There are 2.8 million Canadians abroad, an abstract number given immediacy by the Asia Pacific Foundation’s visual representation of their geographic dispersal.3 The Economist magazine similarly represents the geography of overseas Chinese and Indians, of whom there are 50 and 22 million, respectively.4 Over 3 million Brazilians live abroad.5 Annual numbers of travellers are also rising: Australia documented 7.6 million resident departures in 2011,6 while the annual number of outbound Indian travellers surpassed 10 million in 2008-2009.7 Second, the extraordinary new levels of demand faced by rising powers or emerging economies represent a broader trend in the evolution of the consular function, with significant policy implications. In China in 2010, there were 57 million departures to worldwide travel destinations; the forecast for 2020 is over 100 million.8 In South Korea in 2005, there were 10.7 million departures.9 Of 3.7 million international students studying abroad in 2010, one fifth, or 700,000, were Indian or Chinese.10 Overseas 1 See the excellent collection of essays in Jan Melissen and Ana Mar Fernandez, eds., Consular Affairs and Diplomacy (Leiden: Martinus Nijhoff, 2011). 2 Maaike Okano-Heijmans, “Change in Consular Assistance and the Emergence of Consular Diplomacy,” in Ibid., pages 21-22. 3 Asia Pacific Foundation of Canada, “Mapping Canadians Abroad,” 2011, online: http://www.asiapacific.ca/sites/default/files/canadians_abroad_infographic_large2.jpg. 4 The Economist, “Diasporas: Mapping Migration” (17 Nov 2011), online: http://www.economist.com/blogs/dailychart/2011/11/diasporas. 5 Beatriz Padilla, “Engagement Policies and Practices: Expanding the Citizenship of the Brazilian Diaspora,” (2011) 49:3 International Migration 10 (citing the Brazilian Minister of Foreign Affairs). 6 Australian Ministry of Foreign Affairs, “Remarks at the launch of Smartraveller III” Remarks of MP Kevin Rudd, 25 November 2011, online: http://www.foreignminister.gov.au/speeches/2011/kr_sp_111125a.html. 7 “Big
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